A LIBEL ACTION

Evening Star, Issue 14224, 25 November 1909, Page 1

A LIBEL ACTION

WIIAEF LABORER'S CLAIM. [Per United Press Association.] CHRISTCI LURCH, November 26. In the Supreme Court yesterday Alfred Cooke, a. wharf laborer, claimed £SOC from the 'Lytlelton Times' Company for libel alleged 1o bo contained in the follow in* paragraph published in (ho 'Star' of August 23:—"At the Supreme Court ease for .damages last week the plaintiff was asked hy the. defending lawyer: 'How high cin yon lift your right anil?' Slovvlv, and with evident*pain, the man lifted the injured member, which was the cause of the accident, about halfway up to hia fihoulder. 'I fee.' paid counsel; 'and how high could you lift it before the accident?' and when the thought le.w beggar raified.it high altove his head counsel closed his iTU'-E-cxaminifion." ' In opening for tho plaintiff, counsel slated that Cooke was on August .24 tho plaintiff in an action for compensation for injuries to his left shoulder, ,uid was successful. ]t was contended that the paragraph in the 'Star' referred to Cooke'.s eace, and that it implied that he was a perjurer, and one who sought 1o defraud. The defendant company had sefusod to apologise- to plaintiff. Cooke, in giving evidence, stated that in. the compensation ea?e he was afiked how high he couh! lift ha injured arm, and in reply he lifted it as high as he could—about shoulder high. He war> then asked how high he could lift his ann bofora the accident, and in reply he put his uninjured arm above hia head. After oilier evidence had been given, and after addrccGKi by <ounsel, His Honor pointed out that there was no question of inalico or aggravation of libel. The only question for the jury wa-s to what extent the plaintill' had .suffered pecuniarily. It was not a cafe for contemptuous damages, m tho

man had in a sense been forced into oourt by the refusal of a.n expression of regret. Plaintiff wa« at least entitled to nominal damages. The jury returned a verdict for plaintiff for £25 damages. Mr Harp?]-, for defendanle, asked for a stay of proceedings till the next sittings of tlio Court, of Appeal, and this war granted.